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Question 1

How does supreme court appellate jurisdiction work?

Answer 1

Anything that isn’t original jurisdiction for the Supreme Court, is appellate jurisdiction. The Supreme Court has appellate jurisdiction over any case tried before a state court.

Question 2

What’s the law that the Supreme Court applies when it is hearing a case on appeal?

Answer 2

On appeal, the Supreme Court applies the law that existed at the time of appeal, even if it didn’t exist when trial happened

Question 3

What is direct appeal with regard to the Supreme Court?

Answer 3

Appellants can bypass the courts of appeal and have the supreme court directly hear their case. In this instance the decision is made by a 3-judge-court. This is very limited and rare

Question 4

What does certiorari mean?

Answer 4

Cases are brought to the Supreme Court in the form of cert and if the supreme court decides to hear the case it will issue a writ of certiorari (so long as four or more justices vote to hear the case). If not, it is rejected and the lower court ruling stands. This is discretionary because the Supreme Court has the power to decide whether or not to take the case.

Question 5

If the supreme court doesn’t issue a writ of certiorari, does that affect the merits of the case?

Answer 5

No, the case is just rejected and the lower court ruling stands.

Question 6

Why does the Supreme Court have control of its own docket with relation to certiorari?

Answer 6

Because it is the best judge of what cases are most deserving of hearings. Cert is only granted if there’s a special or important reason for it and the interests of the public are served, not just the parties

Question 7

What are some of the bases for review by the Supreme Court?

Answer 7

• the federal courts of appeal ruled differently from one another
• the lower courts decided significant novel federal constitutional questions
• the state court decided a constitutional question in conflict with a prior supreme court decision

Question 8

What is the rule of four in relation to the Supreme Court?

Answer 8

The Supreme Court uses the discretionary appropriateness test to decide to take a case. This depends on these four things:
– configuration of the parties
– seriousness and dignity of the subject matter
– availability of another forum

Question 9

What is involved in the 11th amendment bar as a limitation on judicial review?

Answer 9

This states that the judicial power of the United States doesn’t extend to suits for money damages against a state without the state’s consent. This essentially bars suits against state governments in federal courts. It requires that the suit be brought in state court and not federal court, unless the state waives immunity. The point is to stop federal courts from having jurisdiction over state governments, but not state courts from having jurisdiction over their own state governments

***Bar to FED jurisdiction over STATE govs when sued by anyone BESIDES the federal government or another state

Question 10

Does the bar of the 11th amendment apply equally to damages, injunctions, and declaratory judgments?

Answer 10

No, when money damages are involved, the bar applies. But if the suit just calls for an injunction or a declaratory judgment, the 11th amendment does not bar the suit

Question 11

If a California citizen is in an accident with a university of Nevada employee on official business, and he brings a tort suit in a California state court against the state of Nevada, would the 11th amendment bar this?

Answer 11

No, this is proper

Question 12

How does the bar of the 11th amendment work when it regards a state official in their individual capacity?

Answer 12

Private citizens can sue in federal court for something that a defendant did on a state job that presents a cause of action. This does not mean that they are suing the state. If damages are given, the person (not the state) must pay.

***This allows state officers to be sued in their personal capacity for damages in federal court and the 11th amendment bar does not apply. If the suit requires the defendant to pay funds from the state treasury, It is barred because then the state is the real party in interest.

Question 13

Does the bar of the 11th amendment apply equally to local governments and agencies?

Answer 13

No, it only bars suits against states and state agencies, it does not apply to local governments or agencies

Question 14

How does the bar of the 11th amendment apply to retroactive and prospective relief?

Answer 14

– Retroactive: this type of relief is barred by the 11th amendment. Pain and suffering would fall into this category so it is barred.
– prospective: these remedies are not barred. Injunctions to spend money can be given if the prospective relief is for a past violation (like a judicially imposed state expenditure to start desegregation orders)

Question 15

Essentially the 11th amendment says that you cannot get damages against a state treasury in federal court, but what are the exceptions for things that you can get?

Answer 15

– Injunction or declaratory relief
– waiver
– abrogation
– supremacy
– individual/ex parte young

Question 16

How is a waiver an exception to the bar of the 11th amendment?

Answer 16

If the state consents to being sued in federal court through an unequivocal and expressly clear way, then the 11th amendment does not bar the suit

Question 17

How is abrogation an exception to the bar of the 11th amendment?

Answer 17

Congress can revoke a state’s 11th amendment immunity through an act, but only when acting under power given in the 14th amendment, and must be passed under its powers from any amendment passed after the 11th, if based on something before that, the 11th controls.

Congress can legislate under the 13th, 14th, and 15th amendments, and can put aside 11th amendment immunity and make the state liable for money damages.